Transcript Cright4GradWeekHand.ppt

Applying Copyright in Scholarship and Instruction
Gail McMillan: [email protected]
Digital Library and Archives, University Libraries, Virginia Tech
http://scholar.lib.vt.edu
Graduate Education Week 2004: Preparing the Future Professional
Copyright Law: U.S. Code, Title 17
©
©
Section 102: Original authorship stabilized
Section 106: Exclusive rights of creators
Limitations to exclusive rights
© Section 107: Fair use
© Section 108: Library services
© Section 110: Instruction--TEACH Act
– http://www.law.cornell.edu/uscode/17/
As of March 1, 1989, the copyright
warning does not have to appear on a work
for it to be legally copyrighted.
© 2003 by Gail McMillan
“Permission is given to copy this work
provided credit is given and copies are not
intended for sale.”
Rights of copyright holders
1. Reproduction
2. Modification
3. Distribution
4. Public performance
5. Public display
Title 17 U.S.C. Sec. 106
Fair Use
© Myth: It's OK--it's for educational purposes.
Before using someone else's work without permission, weigh
ALL 4 FACTORS
1. Purpose and character of use
2. Nature of the copyrighted work
3. Amount, substantiality
4. Effect
Title 17 U.S.C. Sec. 107
1. Purpose and character of use
FAVORS FAIR USE
Nonprofit
Educational
Personal
EITHER
Criticism
Commentary
News reporting
Parody
Other transformative use
FAVORS © OWNER
Commercial
2. Nature of the copyrighted work
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Worthy of (extensive) protection?
Character of the work?
– fact (information) or fiction (imaginative)
• Published facts weigh in favor of fair use
• Unpublished original expressions weigh in favor of
seeking permission
FAIR USE 2 of 4
3. Amount and substantiality

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Use only what is necessary
Quantity and quality in relation to whole
work
FAIR USE 3 of 4
4. Effect

Harm to potential market or value of a work
after a portion has been used separately
from the whole
FAIR USE 4 of 4
Copyright permission services

Copyright Clearance Center
– copyright.com
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RSiCopyright
– www.icopyright.com/

Association of American Publishers
– www.publishers.org
You asked but they never responded.
You don’t have permission.
TEACH: Technology Education and
Copyright Harmonization Act
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Fair use standards in digital education
environment
Modifies existing copyright law for:
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Accredited nonprofit educational institution
Mediated instruction
Integral part of class session
Limited to enrolled students
Accurately informed about copyright compliance
Reasonably prevent
• Retention beyond course
• Unauthorized further dissemination
Copyright Resources

Copyright Management Center (IUPUI)
– http://www.copyright.iupui.edu/dist_learning.htm

Crash Course in Copyright (UTAustin)
– http://www.utsystem.edu/OGC/IntellectualProperty/cprtindx.htm
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Library of Congress, Copyright Office
– http://lcweb.loc.gov/copyright/
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Legal Information Institute (Cornell)
– http://www4.law.cornell.edu/uscode/17/
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Stanford University Libraries
– http://fairuse.stanford.edu
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TEACH Toolkit
– http://www.lib.ncsu.edu/scc/legislative/teachkit/guidelines.html